IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 800 of 2007(D)
1. SREELATHAKUMARI, D/O. SHYAMALA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :25/01/2010
O R D E R
PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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L.A.A.No.800 OF 2007
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Dated this the 25 day of January, 2010
th
JUDGMENT
Pius C.Kuriakose, J.
This appeal filed by the claimant pertains to acquisition of
land for the purpose of Trivandrum International Airport.
Relevant Section 4 (1) notification was published on 4/2/1999.
The Land Acquisition Officer included the properties in category 8
and awarded land value at the rate of Rs.74105/- per Are. The
Reference Court, on the basis of the evidence that came on
record, refixed the land value at Rs.1,00,000/- per Are.
2. Sri.Thaliyal R.Gopakumar, learned counsel for the
appellants, draws our attention to the judgments of this court in
L.A.A. No.2308/2008 dated 8/12/2009. The learned counsel
submitted that the properties, which were involved in that LAA,
were identical to the properties under acquisition in this case and
for the properties in that appeal, the land value was refixed by
this court at Rs.1,00,000/- per Are.
3. The above submission of the learned counsel is not
seriously disputed by the learned Government Pleader. We are,
therefore, of the view that the judgment in LAA No.2308/2008 is
to be applied in this appeal and enhancement granted
accordingly .
The result is that, in modification of the judgment and
decree of the Reference Court, we refix the value of the land
under acquisition at Rs.1,50,000/- per Are. The appeal stands
allowed to the above extent. It is made clear that the
claimant/appellant will be entitled for all statutory benefits on the
total enhanced compensation to which she become eligible by
virtue of our refixation done as above. It is also made clear that
the statutory interest admissible under Section 28 of the Act (at
the rate of 9% during the first year and thereafter at the rate of
15%) will be admissible only from the date of taking over
possession and to that extent also the impugned judgment and
decree are clarified.
The parties are directed to suffer their respective costs.
PIUS C.KURIAKOSE,JUDGE
C.K.ABDUL REHIM , JUDGE
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